IMPORTANT POINT
The court established that non-disclosure of criminal antecedents can impact employment in law enforcement, but subsequent disclosures and acquittals must be duly considered by the appointing authority.

JUDGMENT :

Prakash Padia, J.

1. The petitioner has preferred present writ petition inter alia with the prayer to set aside the order dated 17.1.2019 passed by respondent No. 4-Superintendent of Police, Basti, District Basti.

2. The facts in brief as contained in the writ petition is that petitioner applied under OBC (Male) category for the selection of Male Constable in the Police Constable and Constable PAC (Male) Direct Recruitment, 2015 in pursuance of the advertisement dated 29.12.2015 issued by the respondent No. 2-Chairman/Secretary, Uttar Pradesh Police Recruitment and Promotion Board through its Controller of Examination and he was finally selected but at the time of joining of the service petitioner was not allowed to join and he was orally informed by the official concerned that on account of pendency of criminal case against the petitioner he was not allowed to submit his joining. Pursuant to the same now a decision has been taken by the respondent No. 4 dated 17.1.2019, which is under challenge. It is further argued that in the order impugned only ground taken that since a criminal case was pending against the petitioner in which a charge-sheet has been submitted on 6.1.2018 and the matter is pending consideration before competent Court and since aforesaid fact was concealed by the petitioner, he is not entitled for appointment.

3. It is argued by counsel for the petitioner that immediately after filing of the application in which by way of mistake a wrong information was given by him a fresh affidavit has been submitted by him on 19.7.2018 before the District Magistrate and the copy also sent before the S.P., Ghazipur in which petitioner has disclosed regarding pendency of a criminal case against him, copy of the aforesaid affidavit is appended as annexure 8 to the writ petition.

4. The facts regarding filing of the fresh affidavit is mentioned in paragraph 43 of the present petition, which read as follows:

“43. That, it is respectfully stated that thereafter immediately the another affidavit has been submitted by the petitioner on 19/07/2018, before the District Magistrate and the copy of the said affidavit has also been sent before the S.P. Ghazipur, in which the petitioner was disclosed the criminal case. True copy of the subsequent affidavit dated 19/07/2018, is enclosed herewith and marked as Annexure-8, to this writ petition.”

5. Reply to the aforesaid paragraph has been given by the respondents in paragraph 12 of the counter-affidavit. No specific denial has been given in reply of the contents made in paragraph 43 of the writ petition. The paragraph 12 reads as follows:

“12. That the contents of paragraph No. 42, 43, 44, 45, 46, 47, 48, 49, 50, 51 and 52 of the writ petition are based on facts and record, hence need no comments. The petitioner seeks relief from this Hon'ble Court while the Case Crime No. 261/2017, under Sections-494, 498-A, 504 and 506 I.P.C. and Section 3/4 of Dowry of Prohibition Act, Police Station-Gahmar, District-Ghazipur is registered against the petitioner which has not been shown in the affidavit and is still pending before the Court, so the selection of the petitioner on the post of Constable has been cancelled due to this reason he has not sent him in training.”

6. Since no proof has been appended along-with the petition that whether the affidavit dated 19.7.2018 was duly submitted by the petitioner with the respondents or not, no order to clarify the situation the counsel for the petitioner was directed to file was granted time to file an affidavit in this regard vide order dated 5.1.2024. Pursuant to the aforesaid a supplementary-affidavit has been filed in case the copy of the information provided to the petitioner under Right to Information Act. From perusal of the aforesaid, it is clear that the affidavit dated 19.7.2018 was duly submitted by the petitioner. The information provided under Right to Information Act as appended at supplementary-affidavit page 10, which reads as follows:

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